Appointment of an Engineer under Government[CD1]
An agreement made the
………………………….. .day of ……………. between AS etc. at present residing at ……………………… in
the district of ………………… hereinafter (called “the Engineer”) of the one part and
Governor of Uttar Pradesh called (“the Governor”), of the other part.
Whereby it is agreed on
the terms and conditions as under:-
1. That the Engineer
will remain in the service of the Government of MAHARASHTRA the other Part for
a period of ………… years from the day of ………….
2. That the Engineer
will submit himself to the orders of the Government and of the officers and
authorities under whom he may from time to time be placed by the Government and
will at all times obey the rules and regulations prescribed for the same.
3. That he will employ
himself efficiently and diligently and to the best of his ability as an Electrical
Engineer and that he will devote his whole time to the duties of the service
and will not engage directly or indirectly in any trade. business or occupation
on his own account and that he will not absent himself from his said duties
without having first obtained permissions from the Government or their
authorized officer (except in case of sickness or other reasonable cause for
which sufficient proof is given).
4. That in the event of
any misconduct on the part of the engineer or of a violation, of term of any Of
the conditions herein specified the Government may at any time dispense with
his services without notice but after due enquiry if. so prescribed under the
law.
5. That it shall be
lawful for the Government if satisfied on the medical evidence that he is unfit
and is likely to continue unfit by reason of ill-health for the discharge of
his duties in India rn determine the service under this agreement (the decision
of the Government being conclusive) and thereupon his services shall be terminated.
6. That the Government
will pay the Engineer so long as he shall remain in the service and actually
perform his duties at the rate of Rs …………… per mensem, (or, that the scale off
the pay of the Engineer, so long as he shall remain in service and perform his
duties shall be Rs …………….. and that the Engineer will start in this scale at
the stage of Rs ……….. per mensem and will get this pay rising to Rs …………….. per
mensem by annual increments of Rs …………..)
7. That the Government
will pay the Engineer so long as he actually per forms his duties travelling
allowance on the following scale, subject to the condition that he maintains
and uses a motor car for all journeys performed by him in the discharge of his
duties when the journeys are within his jurisdiction and it is practicable to
use a motor car-
(a) a conveyance
allowance of Rs per mensem;
(b) a mileage allowance
of Rs ………….. a mile for journeys of over 20 miles per diem performed by mad in
the discharge of his duties;
(c) a daily allowance
at the rate allowed for first class officers by Rule 27 of MAHARASHTRA Finance
Handbook, Volume III i.e. Rs …………… for every night he is absent from
headquarters provided the distance from headquarters exceeds five miles;
(d) mileage and daily
allowance at the rate ordinarily admissible to officers of the class under Rule
27 of the U.P. Financial Handbook, Volume III for journeys on duty by rail or
road when the journeys are outside his jurisdiction or it is impracticable to
use a car;
Provided that for all
days on which such ordinary mileage or daily allowance is drawn under this
clause the conveyance and the special mile age allowance allowed by the
previous clauses (a) and (b) shall be forfeited;
(e) For journeys partly
by mad and partly by rail within his jurisdiction a mileage allowance of two
annas a mile for the mad journey and railway fares at the rates admissible to a
first class officer under Rule 27 of the UP. Financial Hand-book. Volume II On
all days on which mileage allowance and railway fares are drawn under this
rule, the conveyance allowance and special milease allowance admissible under
clauses (a) and (b) shall not be forfeited.
8. That the Engineer
will be entitled during the said term of his engagement to leave on average pay
upto 1/11th of the period spent on duty (upto a maxi mum of four months at a
time) to which may be added on medical certificate leave on average or half
average pay up to the maximum of three months reckoned in terms of leave on
average pay.
9. That he shall not be
entitled to any pension, gratuity or bonus on retirement but that while this
agreement is in force he shall subscribe to a provident fund at the rate of
one-twelfth of his pay each month the Government adding half yearly a bonus at
the rate of one hundred per cent of his subscription for the half year.
Interest at such rate as the Government may from time to time fix will be
calculated monthly and added yearly to the account. The amount at his credit in
the Fund will be paid to him on his quitting the service or to his legal
representative in the event of his death whilst in the service.
10. That if any
payments made at the rate of exchange then applicable to the class of
transaction concerned as decided by the Government from time to time shall be
observed.
11. That either party
to this agreement may terminate this agreement by giving to the other six month
notice in writing of his intentions to do so and on the expiration of such
notice this agreement shall be determined.
12. That the
proceedings, letters and reports of the Government or of its officers and
agents or any copies thereof or extracts there from which shall be submitted to
any higher authority in India or elsewhere in any way relating to the sums of
money to be paid or allowed to the Engineer or to his conduct or in any way
relating to the premises shall be received as evidence of any matters therein
contained in any action or in any legal proceedings by or between the parties
these presents to or in any way relating thereto.
In witness whereof etc.
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